The Law Office of Ronald D. Weiss, P.C. consults with and represents individuals and businesses undergoing financial hardship
The Law Firm of Ronald D. Weiss Esq. is a Long Island bankruptcy, foreclosure, modification and negotiation law office, located on the border of Nassau & Suffolk County, in Melville, New York. For over thirty (30) years our Long Island lawyers have represented individuals and businesses experiencing financial hardship and homeowners undergoing mortgage and foreclosure difficulties in Suffolk & Nassau County. Our attorneys serve our clients throughout the greater Long Island and New York areas in almost every aspect of debt relief including: Chapter 7, 11 and 13 bankruptcy cases, foreclosure defense, creditor negotiations, mortgage modifications, forbearance agreements, emergency orders to show cause, tax debt installment plans, student loan resolutions, landlord-tenant law and business debt settlements. Please call us today to speak directly to an attorney or lawyer with expertise in these areas who can give you a free phone or office consultation.
Long Island Debt Lawyers – Providing Debt Relief, Debt Settlement and Debt Resolution Services Throughout Nassau and Suffolk County, Long Island
Ronald D. Weiss, Esq. is a Suffolk & Nassau, Long Island lawyer, who since 1988 has specialized in Bankruptcy solutions, Foreclosure solutions and Modification/Negotiation solutions. Since our inception, our law office has represented thousands of clients from Suffolk & Nassau County in bankruptcy cases, preventing foreclosure and in negotiating and settling debt.
We represent clients in the greater Long Island and New York areas in the following concentrations:
Bankruptcy Solutions utilize federal bankruptcy laws and courts to immediately protect individuals and businesses from their creditors and to obtain the backing of the legal system to allow the debtor to eliminate, reduce, reorganize or extend most debts. Debts are discharged (eliminated) in Chapter 7 While debts are reorganized under both Chapter 13 (primarily used for individuals) and Chapter 11 (primarily used by businesses). Bankruptcy Adversary Proceedings litigate disputed issues, such as the dischargeability of debt, avoidable transfers and/or turnover of assets, while Bankruptcy Contested Motions engage in motion practice over issues such as relief from the automatic stay, dismissal of the case, the treatment of claims and the avoidance of judgment liens in contested and/or complex bankruptcy cases. Where we are seeking reconsideration and review of the decision of a bankruptcy judge, Bankruptcy Appeals allow appellate review of the bankruptcy court by the federal district court. We often use Bankruptcy Solutions when our clients are overwhelmed by unsecured debts such as credit cards, medical bills, personal loans, business debt and/or need time and opportunity to cure or modify secured debts such as mortgage and car loan arrears. The automatic stay, which stops all creditor activities including bank restraints, wage garnishments, and foreclosure sales goes into effect immediately upon the filing of a bankruptcy case. Bankruptcy Solutions are often the most certain and efficient method to resolve problematic debt and to eventually restore our client’s financial well-being and credit.
Foreclosure Solutions utilize the laws and courts of the State of New York to engage in Foreclosure Defense which protects a client and their home from foreclosure litigation by their mortgage holder through answers, discovery, opposition to motions for an order of reference, summary judgment and/or a judgment of foreclosure and sale. Court settlement and/or status conferences that are held routinely in foreclosure cases, allow us to engage in discussions with the mortgage holders attorneys and the court over possible settlement and modification options. State Court Appeals and/or reargue or renew motions allow us ti seek reconsideration of a decision or order of a state court with motions to reargue or renew made to the same state court and with State Court Appeals, which seek appellate review, made to the Appellate Division. Orders to Show Cause give our clients emergency relief in the state court system to seek to stay a foreclosure sale and/or to expedite a motion seeking to vacate a previous order or decision of the court. We also often use Bankruptcy as a Foreclosure Solution, to utilize the automatic stay in a bankruptcy case to immediately stop foreclosure sales and other litigation against our client where our client can potentially cure or modify their debt over time. Modifications and other Negotiated Foreclosure Solutions such as short sales, forbearance agreements and deeds in lieu as discussed below are often sought by us on behalf of our clients to ultimately settle foreclosures. Foreclosure Solutions are intended to provide time and leverage to our clients with foreclosure and mortgage problems so as to give our clients a greater likelihood of resolving their mortgage difficulties.
Mortgage Modification Solutions allow us to resolve our client’s mortgage loan arrears while seeking to restructure the note to allow for improved payment terms with interest rates reduced, the loan term extended and potentially a partial deferment of what is due. Modifications are the primary method property owners can resolve their mortgage arrears and save their properties. Other methods of mortgage negotiations are divided between Retention Options (where the goal is to keep the property) and Non-Retention Options (where the goal is not to keep the property long term but to negotiate other advantages to the Property owner). Retention Options include not just Mortgage Loan Modifications, but also: Friendly Sales/Short Sales, Refinancing, Payoff/Short Payoff, Reinstatement/Short Reinstatement. Non-Retention Options, which are dealt with in the Negotiation Section, Include: Third Party Sale/Short Sale, Deed in Lieu, Cash for Keys, and Consent to Judgment. Ultimately if a property owner wants to keep their property modification is offered in several different forms: during litigation conferences, in Bankruptcy loss mitigation efforts and in direct negotiations with the lender.
Negotiation Solutions are direct negotiations with a client’s creditors to reduce and extend debts such as mortgage debt, credit card debt, student loans, business debts and tax debt. Credit Card Settlements are negotiated agreements with the client’s unsecured creditors to give a drastically reduced lump sum to settle past due credit card debt. Tax Debt Negotiations and Student Loan Debt Installment Plans often seek partial payment installment plans which allow a client to pay a reduced monthly payments on their tax debt or student loans based on their income while riding out the statute of limitations to eventually have the balance of the debt forgiven. Business Debt Negotiations are intended to allow the a business owner trying to survive in business to pare down obligations in order to stay operational or if the situation is not worth saving to negotiate just the business debts where there is personal liability. Negotiation Solutions are intended to give our clients a negotiating advantage which drastically improves their chances of obtaining a satisfactory negotiated settlement with their creditors.
Tax Debt Solutions can take several forms: while we mostly negotiate tax debt, there are also situations where bankruptcy and/or litigation can play a role with tax debt to either eliminate, reduce, reorganize or extend the time to pay tax debt. Negotiations are about getting a partial installment plan and potentially riding out the statute of limitations, but they can also be regular payment plans, offers in compromise and/or determinations of non-collectibility. Bankruptcy options allow discharge of unsecured, income tax debt which are all older income taxes where the tax return was filed; but more recent income taxes or tax years without a return or other taxes like payroll taxes, or state sales taxes which are fiduciary taxes and not dischargeable in chapter 7, but which can be paid off in a 5 year Chapter 13 plan. Litigation over tax debt is sometimes the right option where there are disputes over the amount and liability to pay the tax debt. Litigation may be an option when taxes are pursued through the court system and nay be potentially disputed with as to the amount and degree of liability and whether the defendant should be personally liable where the may be an applicable defense (ie “innocent spouse defense” or denying “responsible person liability” for a corporate tax liability).
Landlord-Tenant Defense is usually in the local Landlord Tenant Courts and is often necessary if a house is lost to foreclosure and more time is needed by the former homeowner before they need to vacate the house. Also, residential and commercial tenants often are in need of representation where they are struggling to avoid eviction. We also defend clients owning shares in their cooperative apartments in situations where there is litigation in the landlord tenant court over their proprietary lease. Finally, we also often represent small and individual landlords seeking to evict problem tenants who may be causing financial hardship to our clients in withholding rent.
Litigation Defense is more general defense of our clients in various courts. We defend mostly in the state Supreme Courts against various collection actions, including litigation personal loans, business loans, tax debt, medical debt and other obligations. However, we also defend smaller actions mostly for credit cards or other unsecured debt in local small claims and district courts. Also, we defend and prosecute actions in landlord tenant court and adversary proceedings in bankruptcy court. Finally some matters where there is diversity jurisdiction or federal subject matter jurisdiction can be commenced in federal Court, with some lenders preferring to bring some unique cases to Federal Court.
Credit card debt and unsecured personal loans that are give in the same manner as credit cards, is mostly resolved in Chapter 7 bankruptcy cases, where we are able to discharge the debt (eliminate the legal obligation to pay the debt). But credit card debt is also often resolved in negotiated agreements; partially because Chapter 7 is not always possible or desired. Negotiations over credit cards is often a solution for persons not ready or able to file in Chapter 7. We are usually able to get excellent or at least advantageous negotiation settlement terms for credit card and other unsecured debt by leveraging our ability to pursue bankruptcy and/or litigation options. While credit card debt not usually resolved in litigation, defending credit card litigations, while not usually our first option, is able to give us time and leverage to resolve or reduce debt because many creditors do not have complete documentation for much of their alleged debt. Where other options can not eliminate or further delay credit card debt, where it is particularly high or aggressive, Chapter 13 and Chapter 11bankruptcies can also reorganize credit card debt with percentage payments over the course of a plan up to 5 years in length for Chapter 13 and potentially longer for Chapter 11.
Student Loan Debt usually requires negotiation options because the debt is at present very difficult to discharge in bankruptcy. The ability to negotiate Student Loans depends on several factors. One of those factors is whether the debt is a Federal Student Loan, which are much more flexible with various ways to reorganize the debt, or whether the debt is a Private Student Loan, which while negotiable does not offer as much flexibility and sometimes needs to be refinanced or litigated to achieve drastic changes with payments or with the amount due. However, there is hope that public pressure will cause a thawing in the law which may make bankruptcy more accessible with the “undue hardship” standard for discharging a student loan being made a less onerous standard in some bankruptcy courts.
Real Estate Sales and Short Sales are options to every property holder having trouble with mortgage arrears and/or having hardship paying their monthly mortgage payments. A real estate sale and short sale are both voluntary, as opposed to a foreclosure sale which is not voluntary. The difference between a regular real estate sale and a short sale is in the regular sale the seller comes out of the closing with proceeds, while in the short sale there is negative equity (in that the payoff on the mortgage exceeds the sale price of the property) and to allow the deal to go forward the lender needs to agree to take a reduced payoff at the closing. All these types of sales could be to a Third Party Buyer, who would then want the seller to move out, or they could be to a Friendly Buyer, who would let the seller remain at the property until it has the credit to repurchase the property.
Because of our many possible tools to deal with financial hardship we can offer varied approaches and a unique customized plan to individuals and businesses facing economic challenges. Our potential solutions are discussed with our potential clients in a free consultation where we strategize as to how we can best help you with creative, intelligent, effect and affordable debt solutions. At the end you the client will be able to choose how to proceed in a way where you know that the debt relief approach to your case was well thought out and planned, together with you. We will discuss, prepare and execute our debt resolution methods together with you, so that you know and understand how we are proceeding.
The Covid 19 pandemic has devastated the economies of Long Island and New York City, particularly for small businesses, restaurants, bars and service businesses reliant on human interaction. The Coronavirus has caused governments to impose lockdowns and guidelines to businesses that have created massive financial hardship to individuals and businesses. Many jobs will not come back for years. Given this large scale dislocation there is an increased necessity for creative, intelligent, effective and affordable debt solutions. Our law firm is uniquely situated to provide a broad array of such service.
Our consultations are free, the advice may be invaluable.
Call or e-mail us at [email protected] for a free consultation as to legal options in dealing with overwhelming debt and burdensome financial obligations (631) 271-3737.